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US – German Cannabis Producers Can’t Do Business Together, Here’s Why – by Michael Knodt @ marijuana.com

US, German Cannabis Producers Can’t Do Business Together, Here’s Why


BY MICHAEL KNODT ON

Bureaucratic hurdles and an unexpectedly high demand for medical cannabis in Germany have created a bottleneck that’s plagued cannabis patients and producers alike. It would seem as though working with the United States could alleviate some of the pressure, but the federal government in Germany has avoided working with the country’s producers for fear of violating the United Nations Single Convention on Narcotic Drugs.

Until Germany can develop a robust cannabis cultivation industry, its patients will continue to receive their medicine sporadically from Canada or the Netherlands. While 18 varieties of cannabis are supposed to be available, patients are lucky to find four strains at their local pharmacy — a significant issue when German doctors are required to prescribe a specific strain for patients. If that strain’s not available, the prescription is worthless.

Once the Israeli government has defined their guidelines for cannabis export, their medical cannabis will find its way into German pharmacies to help alleviate the recent bottlenecks. Israel is expected to develop a cannabis export system in the next couple of years.

Cannabis farmers in the U.S. West Coast, Nevada, Colorado, and Alaska might welcome the opportunity to expand into international markets, and patients in Germany could benefit from the new, highly effective selection of U.S. cannabis strains. But the United Nations Single Convention on Narcotic Drugs labels cannabis on par with cocaine and opium — therein lies the problem for Germany doing business with U.S. cannabis producers.

The Single Convention on Narcotics and Drugs of 1961 is still the foundation of worldwide drug legislation. It includes the coca, opium poppy, cannabis, the opium plant’s raw materials, opiates, heroin, and some synthetic opioids such as methadone. The Convention on Psychotropic Substances of Feb. 21, 1971 extended the list of controlled substances to include psychotropic substances such as amphetamines, barbiturates, and LSD and came into force on Aug. 16, 1976.

Only the medical use of narcotics for pain relief is excluded from the Convention but has to be enacted in compliance with the measures deemed necessary by the United Nations (UN). Member nations must report their produced, exported, stored, and used narcotics to the Narcotic Control Council.

A State Must Purchase All Medical Cannabis Crops

Article 23 of the Single Convention states:

A Party that permits the cultivation of the opium poppy for the production of opium shall establish, if it has not already done so, and maintain, one or more government agencies (hereafter in this article referred to as the Agency) to carry out the functions required under this article.

Article 23 (2) (d) says: “All cultivators of the opium poppy shall be required to deliver their total crops of opium to the Agency. As soon as possible, but not later than four months after the end of the harvest.”

According to Articles 26 and 28 of the Single Convention, the same control system applies to coca and cannabis. Health Canada is in violation of Article 23, paragraph 2d for allowing producers to sell directly to patients. Unlike the Office of Medical Cannabis (OMC) in the Netherlands, the Canadian agency does not purchase and sell the licensed producers’ crops.

The establishment of such an agency is independent of whether government institutions or licensed private providers take over the cultivation. Such agencies only exist in the few states where opium, coca, and cannabis are grown legally: The Turkish Grain Board (for Opium in Turkey), Health Canada’s Office of Controlled Substances, the National Institute on Drug Abuse in the U.S., the Federal Institute for Drugs and Medical Devices (BfArM) in Germany, the Austrian Agency for Health and Food Safety, the Office of Medicinal Cannabis in the Netherlands, the Czech State Agency for Medical Cannabis, and the Medical Cannabis Unit in Israel.

The U.S. government would have to recognize the medical benefits of cannabis and remove the drug from Schedule 1 of the narcotics act before the NIDA could offer medical cannabis for export to the German BfArM.

Ways Around the Single Convention

It is almost impossible for a member of the United Nations to legalize cannabis without coming into conflict with the international community. Uruguay, Bolivia, and Canada have already had to deal with the issue and have each taken different approaches to reconciling new national policy with existing international agreements.

Out and Back In

In 2009, the Bolivian government proposed deleting some provisions regarding the coca leaf, but the proposal was rejected by the other member nations. On June 29, 2011, Bolivia withdrew from the Single Convention through Jan. 1, 2012 and rejoined with an objection to Article 50 on Jan. 10, 2012.

Bolivia stated that it would allow the cultivation, trade, and consumption of coca leaves in its country. Within one year, 15 contracting nations filed an objection, well short of the one-third quorum required to reject Bolivia’s objection. Bolivia was reclassified as a contracting party on Jan. 11, 2013.

Ignore the Issue

Uruguay was reprimanded shortly before the legalization of cannabis by the UN Drug Administration’s International Narcotic Control Board (INCB). The former INCB-president Raymond Yans accused Uruguay’s then-president Jose Mujica of having an “attitude of a pirate” because his government legalized cannabis. Mujica fiercely resisted the allegations repeatedly made against his country and publicly responded to the criticism of the former INCB chairman:

“Tell the old man to stop lying. We can meet whenever he wants in Uruguay. […]. He sits in a comfortable position on the International stage and believes he can tell nonsense.”

Despite the dramatic exchanges, the international community has not sanctioned Uruguay for being the first country in the world to legalize cannabis. Incidentally, a similar complaint was addressed to the United States after the legalization ballots in Colorado and Washington State. In November 2012, Yans stated the legalization of the cultivation and possession of cannabis in Colorado and Washington violated the treaty and asked the U.S. government to restore conformity with the single convention.

Recreational cannabis is legal in eight states and the District of Columbia, and the international community is far from sanctioning the U.S. However, ignoring the treaty also means missing out on access to the international market and the opportunity to take part in international research efforts.

Don’t Comply, Justify

At the 59th meeting of the United Nations Commission on Narcotic Drugs in March 2016, Undersecretary for Health of Canada Hilary Geller expressed Canada’s interest in international cooperation and made it clear, “the Government remains committed to strong international cooperation to combat the world drug problem and wherever possible, will seek to align its objectives for a new marijuana regime with the objectives of the international drug control framework and the spirit of the Conventions.”

Canada is the first to take the position of “non-compliance.” With Geller’s announcement, Canada has laid the foundation for an ongoing debate on how to regulate cannabis at the national level without violating international legal obligations.

Change

Even if the 1961 Single Convention could be amended, that would involve a complex, years-long process.

Canada could set a precedent in July 2018, by forcing the U.N. to rethink the position of cannabis for the first time since 1961. The aim of the process would be to give all member nations the opportunity to regulate recreational and medical cannabis in the future. Legislation in international agreements is never set in stone, it can be changed any time the democratic will of the member nations demands it.
ABOUT AUTHOR
Michael Knodt is an expert on cannabis politics and cannabis culture across Europe. Born in North Germany, Michael has been living in Berlin since 1990. He initially studied history and journalism before receiving his certification as a carpenter. Since then, Michael has made regular visits to countries where cannabis is cultivated, such as Jamaica and Morocco. He has worked as a freelancer for Weedmaps, Vice Magazine Germany, Sensi Seeds and numerous German-language cannabis magazines since 2004. From 2005 to 2013, Michael was the Editor-in-Chief of Germanys biggest cannabis periodical. He also is the face and presenter of the most popular program on cannabis prohibition and just launched a new channel called “DerMicha.” Aside from his journalistic work, Michael is a cannabis patient, activist, sought-after speaker on conferences and congresses, and a father of two.

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https://cenedella.de/ * Philip J. Cenedella IV * International Cannabis Consultant * Germany, Europe, USA and Canada markets * Medical Marijuana Patient Advocate since 1977 * Assist with Business Development, Licensing, Partnerships, and Strategic Direction.

Philip J. Cenedella IV

Bio

https://cenedella.de/
Philip J. Cenedella IV
International Cannabis Consultant
Medical Marijuana Patient Advocate since 1977.

First and foremost, Phil is a patient advocate for 4 decades having grown up in New York during the Rockefeller Drug Law years, then establishing himself in San Diego during the push for legalization there in the’ 90s.  Now he is situated in Germany during its historic transition into the leadership role of the European Cannabis industry.

Phil is uniquely qualified to help you establish your international business strategy having served as a Founding Board Member of the World Trade Center San Diego, a Lead Consultant for Deutsche Telekom, The California Trade and Investment Office, Deutsche Bank, IBM, San Diego Economic Development Board and many other entities.  He puts his years of business development, sales and distribution expertise to work for you in a highly professional, ethical and effective manner.

40 Years Experience:
Phil was born in Buffalo on the shores of the US/Canadian border, spent most of his life in San Diego overlooking the US/Mexico border, and now is living in Europe with its open borders and the opening of its legal Cannabis industry.

As a C-level business development executive in the technology and construction sectors, and a Founding Board of Director for the World Trade Center San Diego and San Diego Software Council, Phil has facilitated and closed sales and strategic partnerships worldwide.

Phil has also been Lead Consultant for the California Trade and Investment Office in Germany and catalyst for the CAL-IT Investment Forum in London.

He has served as a consultant for IBM, George Clinton, Deutsche Telekom, iSeeTV,  San Diego Convention Center, FINDLAW, Chaparral Computers and Networks, San Diego Economic Development Corporation, Deutsche Bank and many others in the Cannabis space (to remain confidential).

Phil is a USA citizen with an EU Work/Residence Permit.  He has exactly 40 years of firsthand knowledge of all aspects of our Industry and is a C-level International business development specialist who is highly professional yet very easy to work with.  He provides your firm with Strategic guidance and the ability to help you to increase your sales channels, distribution networks, and strategic partnerships.

Education:
1984, University of Dayton B.A. Psychology, Music minor-emphasis

Skill Level:
Sales 98%
Business Development 98%
International  trade 98%
Cannabis Industry 420%

Testimonials

 Who is Phil:
“Phil is an absolute professional. Flexible, hardworking and driven. His results were great and we highly recommend his services.” – BLF, NYC

“Phil has boundless enthusiasm and always applies 100% effort to all he does. Phil researched the US market for…. The USA became our best market by far, and I know that we would never have broken into that extremely tough market without Phil. His combination of broad based business knowledge, willingness to learn, team spirit and superb networking skills is very rare and extremely valuable. Always positive, he was a joy to work with. I thoroughly recommend him.” – GRB, UK

“Phil Cenedella has been my contact for several years and I have found him to be the consummate professional. He will always promptly return a call or provide me an answer to an inquiry. He is always “on-it” and truly treats a client as if they were part of his extended family. It’s very rare these days to find someone as dedicated to his business and his clients as Phil. Phil has all the characteristics of what I look for when I have occasion to be expanding my staff. He is honest to a fault, dedicated, sincere and is the paramount reason for my firm’s continuing…….” – DF ,USA

“Phil is the most personable, genuine, charismatic and effective business development manager I have had the pleasure to work with. He instills trust and confidence!”- JFL, EU

“Phil is family.” – George Clinton
Volunteer Positions:    Founder, Dayton and La Jolla Human Trafficking Accords, Founder, St. Vincent de Paul Christmas Caroling and Limo Party, Volunteer, Americans for Safe Access, Advisor, City of Hope – Dubai  Key accomplishments:  Assisted with the freeing from prison a child victim of human trafficking serving life without parole, initiated Goldman Sachs’ divestment of a human-trafficking related publication, assisted advocates on the frontlines in Dubai, Ohio, California and elsewhere.


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BERLIN PEACE ACCORDS – putting an end to the world war on Cannabis.

BERLIN PEACE ACCORDS

12 April 2017

Berlin, Germany

FOR IMMEDIATE RELEASE:

On the closing day of the International Cannabis Business Conference in Berlin, advocates from throughout the world ratified the BERLIN PEACE ACCORDS that call for an immediate end to the world war on cannabis.

On July 7, 2017 these Accords will be presented to President Donald Trump of the United States and Chancellor Angela Merkel of Germany at their summit meeting in Hamburg, Germany. In advance of that date, advocates worldwide will be showing their support by simply “liking” it on the facebook page: https://www.facebook.com/Berlin-PEACE-Accords-1899471536976478/

Citizens of the world who are in support of the BERLIN PEACE ACCORDS are urged to print these Accords off, sign them, place them at your home or office, and share them with others.

In addition, advocates will be re-posting these Accords on their respective facebook pages (and other social media) to have their members, customers, colleagues “like” the Accords as well.

If you are interested in becoming a “link on the chain” to peace or have any questions, please feel free to contact phil@cenedella.de for additional information or to support our efforts in anyway.

President Trump and Chancellor Merkel are interested to know if people in the year 2017 really feel this way.

Now is the time for you to show you do.

peace,

The Advocates of the

BERLIN PEACE ACCORDS

We the people of the Year 2017 do…

Hereby declare that it is our inalienable basic human right to have the freedom to grow, medicate and enjoy the plant we call Cannabis, without any governmental limitations.

We demand our plant has no more regulations or limitations than a tomato plant.
It is our basic human right to have control of what we choose to put into our body.

It is our basic human right to have the ability to enjoy this plant without fear of incarceration or limitations on its commerce.

It is our basic human right to have multiple ways to enjoy, grow and medicate with our plant and we demand that no commercial organization be provided exclusive use or rights.
For 10,000 years humans on our planet have enjoyed the benefits provided by our plant. With my signature below I do hereby attest it is my wish that “we the people” have the right to consume our plant as we wish.

LIKE THIS PAGE @
https://www.facebook.com/Berlin-PEACE-Accords-1899471536976478/

Thank you, Gracias und Dankeschoene,
phil